Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 52

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...presumption can be founded." Now for the application of these cases. According to C. J. Tindal's rule, no partition can be presumed in this case, because the defendants have not shown "a title good in substance, but wanting some collateral matter necessary to make it complete in point of form." The title ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...presumption can be founded." Now for the application of these cases. According to C. J. Tindal's rule, no partition can be presumed in this case, because the defendants have not shown "a title good in substance, but wanting some collateral matter necessary to make it complete in point of form." The title shown by them is good in substance and form, being conveyances from the plaintiffs brothers. If the defendants had shown a good deed in substance from plaintiffs husband, signed by her, but wanting privy examination, or words of grant or release on her part, as in Melvin v. The Proprietors of the Locks and Canals on Merrimack River, 17 Pick. (Mass.), 255, 262, this collateral matter, necessary to make the deed complete in point of form, might have been supplied by presumption. Had the defendants produced such a substantially good, but formally defective deed, their possession would have been consistent with the existence of the fact to be presumed, and Weatherhead's Lessee v. Baskerville et al. then the presumption is allowable, according to the other branch t' C. J. Tindal's rule. Further: A partition in Tennessee may be made by mutual conveyances where the parties are adult and can agree, or where they are minors or cannot agree, by bill in chancery, or by the summary method prescribed by the act of 1787, c. 17. Supposing the first method to have been adopted in this case, the execution of the deed by the husband must have been proved by two witnesses, or acknowledged by him before the County or Circuit Court of Sumner County, and-#349 acknowledged by the plaintiff on privy examination «by the court, and minutes of the probate or acknowledgment and privy examination entered on the record, a certificate of this indorsed on the deed by t...
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Product Details

  • ISBN-13: 9781150119767
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 320
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.67 (d)

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